The Naked Cowboy Claims The Naked Cowgirl Owes Him Franchise Fees

from the naked-trademarks dept

A few years ago, we noted that Richard Burck, better known as "The Naked Cowboy" (a guy who wanders around Times Square in NY strumming a guitar while only wearing underwear and a cowboy hat) had sued candy company Mars for having a "naked cowboy M&M" appear in a commercial. You see, for a (mostly) naked guy, he's still not above using trademark law to claim that only he can be naked and in a cowboy hat. So, it comes as no surprise that his naked litigious ways are showing up again. iamtheky was the first of a whole bunch of you to submit the news that he's demanding "franchise fees" from a woman who calls herself "The Naked Cowgirl." Her response is that she's not violating his rights at all, and that, as a former stripper, she's been naked a lot longer than Burck. I'd bring up our favorite moron in a hurry test here, but I'm actually afraid that might add one too many morons to deal with in this case.

I may be outing myself...

I read in an article about The Naked Cowboy in "The New Yorker" that he makes his living on licensing his likeness and making paid appearances. I don't know the extent of his trademarks, but being clad only in underthings and cowboy hat adorned with patriotic decorations, and an acoustic guitar seem to identify his "brand". If you look up The naked cowgirl (www.nakedcowgirlny.com) and compare her costume and name to his, I can see how someone might assume that the two are instances of the same brand. As far as his brand goes, I live in the midwest and I've heard of him, but I haven't heard about any other individual costumed performers in NY. Perhaps there needs to be more competition in the costumed street performer market in NY, but I don't disagree with his desire to protect his "brand".

Re: Re:

Screw it...I searched it at work. She isnt the hottest thing around but she's far from from "U G L Y". I cant figure out what's more idiotic...trademarking the "Naked Cowboy" or licensing his likeness....its just stupid.

Re: Normally

Sandy Kane is an old burlesque entertainer from way back. She's frequently on Opie & Anthonys radio show. I'd say something in her defense but she is indeed uglier than a can of smashed assholes with a personality thats not too far behind. Having said that she can be pretty entertaining in her own twisted way.

Back in the 70s there was TV character in Australia called the "Naked Cowboy" who played a guitar wearing nothing but briefs and cowboy hat. He was in a studio, not on the street. I wonder if the new Naked Cowboy was sued, afterall using his argument he must have stolen the idea.

An important difference...

There is a very important difference between the naked cowboy and the naked cowgirl. The cowboy walks around topless (not naked) while the cowgirl even keeps her top on.
Still, doesn't equal rights mean that the cowgirl should be allowed to walk topless too? Or is the cowboy violating some indecency laws because he walks around topless where this is not allowed? I'm in favor of equal rights and so far, they don't seem to make use of this. :-)

From what I understand...

I saw a clip about this at Cnn.com yesterday and according to what Naked Cowboy said in that clip this woman going by Naked Cowgirl isn't just doing a similar act but she is actively claiming that she is associated with the Naked Cowboy brand and is profitting from it (she sells pictures of herself).

Now arguing about if he should be able to build a brand around this is one thing. But once the brand is built I have to agree that if someone comes along claiming to be associated with said brand and is making profit when they aren't then its a problem.

And it should also be noted that he didn't open fire with demanding licensing fees. At first he supposedly sent a C&D Order because she was claiming association with his brand.

I mean if I opened up a site and claimed association with TechDirt and began to profit from it I would understand the folks here not liking it. (I doubt it would profit just making an example.)